Back
S. SRIMATHY
Tamil Nadu Civil Supplies Corporation Limited, Represented by its Regional Manager, Trichirappalli – Appellant
Versus
Presiding Officer, Labour Court, Tiruchirappalli – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned Award, dated 31.01.2013, in I.D. No.01 of 2005 on the file of the 1st respondent herein and to quash the same.)
1. This Writ Petition is filed for issuance of a Writ of Certiorari, to quash the impugned Award, dated 31.01.2013, in I.D. No.01 of 2005 on the file of the 1st respondent herein.
2. The brief facts of the case are that the second respondent, namely V.Ganeshan, was appointed as Seasonal Bill Clerk on consolidated pay of R.200/- per month on 18.02.1976 and later he was ousted from service from 05.03.1976. Later on, his name was sponsored by the employment exchange and he was appointed as Helper in the Direct Procurement Centre on consolidated pay of Rs. 200/- per month on 10.08.1976. The prescribed qualification for the said post is SSLC pass. His services were regularized and he was given time scale of pay from 01.10.1977 and he was later promoted as Junior Assistant in the year 1983. He retired from service on 31.12.2005 on attaining superannuation. The second respondent claimed graduate allowance and pro
The main legal point established in the judgment is that higher qualification alone is not a sufficient criterion for granting promotion, and promotions are based on departmental tests, seniority, an....
The punishment of 'censure' cannot be used as a ground for denial of promotion, and delay and latches cannot be pleaded against the petitioner.
The claim for restoration of seniority is barred by delay and laches, as the promotions of junior candidates were not timely challenged, affirming the necessity of prompt legal action in service matt....
Promotions in employment must adhere to principles of seniority and fairness, and any deviation must be substantiated by valid reasons.
The right to be considered for promotion is a fundamental right, and delay or laches in approaching the court/Tribunal may not always be considered as fatal to the legitimate claim of the aggrieved p....
Eligibility for promotion requires possession of requisite qualifications at the time of the appointment process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
